Mediation and Culture: The Example of the ICC International Commercial Mediation Competition

The International Commercial Mediation Competition is organized by the International Chamber of Commerce (ICC) in Paris, which held the event for the eighth time in February 2013. As the competition has grown, participation has become more and more diverse and thus mediation and negotiation have become more and more cross‐cultural. This led the ICC to invite external research on culture at the competition in February 2011. In this article, I discuss this student competition, the external research project question, and the culture of the competition. I also identify some of the further cultural issues raised by referring to relevant research on conflict and mediation across cultures, and conclude with some thoughts on how better to conceptualize the field of cross‐cultural mediation in terms of a systems approach.     

Teaching criminal investigation: A critical thinking approach

The purpose of this paper is to explore the “critical thinking” approach to teaching and develop those concepts into meaningful instructional activities in the classroom. The authors offer practical suggestions based on the critical thinking philosophy for implementing an active learning approach. The case study method serves as the foundation for an investigative process course and lead-up activity to the simulated preliminary and follow-up investigation. The instructor presents the critical thinking process and content information that enables students to perform five basic progressions: (1) case studies; (2) the preliminary investigation; (3) follow-up; (4) suppression hearing; and (5) moot court criminal justice simulations.     

Identification and analysis of smallholder producers’ constraints: applications to Tanzania and Uganda

This article puts forward a method for the analysis of constraints faced by developing countries’ smallholder producers. It is consistent with theories of constraints, efficient in terms of cost and researchers’ time, and accessible to a non-technical audience. A hybrid of workshop discussion and individual data collection, it also draws on data and analyses available in most developing countries. The article presents an application to smallholder livestock systems in Tanzania and Uganda, reporting results and analysis relating constraints to households’ characteristics and conditions, and their stated goals. While limitations are identified, it is proposed for application in other development fields.     

Public Reason Liberalism and Sex‐Neutral Marriage A Response to Francis J. Beckwith

This article responds to an article by Francis J. Beckwith that argued that the consistent application of generic liberal principles requires that same‐sex marriage not be recognised in civil law. This response demonstrates that Beckwith's article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same‐sex partners. In correcting these flaws I tentatively propose a Voltairean argument in favour of same‐sex civil marriage for those citizens with moral qualms about same‐sex relationships derived from their reasonable comprehensive doctrine.     

The Enjoyment of Rights and Freedoms: A New Conception of the 'Ambit' under Article 14 ECHR

Article 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have inappropriately narrowed the scope of the 'ambit' of other Convention articles, and thus limited the number of claims to which Article 14 can apply, by defining it according to considerations more properly weighed in a justification analysis incorporating proportionality. The emerging approach departs from Strasbourg jurisprudence, and fails to give full effect to the language and intent of Article 14. This trend need not continue. This article begins the process of fashioning a new conception of the ambit of Convention articles: one that could change the fortunes of Article 14 cases in the UK, but that flows naturally from the precedents of the European Court of Human Rights, and gives effect to the spirit of the HRA.